S7474-2011 Actions

• May 23, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S7474-2011 Memo

BILL NUMBER:S7474

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to adopting the code of
ethics for direct support professionals

PURPOSE:
State to adopt: The Code of Ethics developed by the National Alliance
for Direct Support Professionals (NADSP).

SUMMARY OF PROVISIONS:
The bill outlines the nine NADSP ethic codes: person-centered
supports; promoting physical and emotional well-being; integrity and
responsibility; confidentiality; justice, fairness and equity;
respect; relationships; self-determination; and advocacy. Direct
support staff agency leaders, policymakers, and people receiving
services are encouraged to use the code and consider ways that these
ethical statements can be incorporated into daily practice.

EXISTING LAW:
New Bill.

JUSTIFICATION:
Direct support professionals who care for and support people in their
communities are called upon to make independent judgments on a daily
basis that involve both practical and ethical reasoning. Direct
support professionals are often asked to serve as gatekeepers between
people needing support and almost every aspect of their lives. The
beliefs and attitudes that are associated with being an effective
human service professional are the cornerstones of this code.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S7474-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7474
 I N  SENATE
 May 23, 2012
 
 Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health and Develop
 mental Disabilities
 

AN ACT to amend the mental hygiene law, in relation to adopting the code
 of ethics for direct support professionals
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The mental hygiene law is amended by adding a new section
 16.39 to read as follows
 

S 16.39 CODE OF ETHICS FOR DIRECT SUPPORT PROFESSIONALS.
 1. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW  TO  THE  CONTRARY,  THE
 STATE  ADOPTS THE CODE OF ETHICS DEVELOPED THROUGH THE NATIONAL ALLIANCE
 FOR DIRECT SUPPORT PROFESSIONALS (NADSP). THE ETHIC CODE  GUIDES  DIRECT
 SUPPORT  PROFESSIONALS  THROUGH THE ETHICAL DILEMMAS THEY FACE DAILY AND
 ENCOURAGES THE HIGHEST PROFESSIONAL IDEALS. DIRECT SUPPORT STAFF  AGENCY
 LEADERS,  POLICYMAKERS,  AND PEOPLE RECEIVING SERVICES ARE ENCOURAGED TO
 USE THE CODE AND CONSIDER WAYS THAT  THESE  ETHICAL  STATEMENTS  CAN  BE
 INCORPORATED INTO DAILY PRACTICE.
 2. THE NADSP CODE OF ETHICS INCLUDES THE FOLLOWING PROVISIONS:

 (A)  PERSON-CENTERED  SUPPORTS.  AS  A DIRECT SUPPORT PROFESSIONAL, MY
 FIRST ALLEGIANCE IS TO THE PERSON I SUPPORT; ALL  OTHER  ACTIVITIES  AND
 FUNCTIONS I PERFORM FLOW FROM THIS ALLEGIANCE;
 (B)  PROMOTING  PHYSICAL AND EMOTIONAL WELL-BEING. AS A DIRECT SUPPORT
 PROFESSIONAL, I AM RESPONSIBLE FOR SUPPORTING THE  EMOTIONAL,  PHYSICAL,
 AND  PERSONAL  WELL-BEING  OF  THE INDIVIDUALS RECEIVING SUPPORT. I WILL
 ENCOURAGE GROWTH AND RECOGNIZE THE AUTONOMY OF THE INDIVIDUALS RECEIVING
 SUPPORT WHILE BEING ATTENTIVE AND ENERGETIC IN REDUCING THEIR  RISK  AND
 HARM;
 (C)  INTEGRITY AND RESPONSIBILITY. AS A DIRECT SUPPORT PROFESSIONAL, I
 WILL SUPPORT THE MISSION AND VITALITY OF MY PROFESSION TO ASSIST  PEOPLE
 IN  LEADING  SELF-DIRECTED  LIVES  AND TO FOSTER A SPIRIT OF PARTNERSHIP
 WITH THE PEOPLE I SUPPORT, OTHER PROFESSIONALS AND THE COMMUNITY;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15978-01-2
 
       S. 7474                             2
 (D) CONFIDENTIALITY. AS A DIRECT SUPPORT PROFESSIONAL,  I  WILL  SAFE
 GUARD  AND  RESPECT  THE  CONFIDENTIALITY  AND  PRIVACY  OF THE PEOPLE I
 SUPPORT;
 (E)  JUSTICE, FAIRNESS AND EQUITY. AS A DIRECT SUPPORT PROFESSIONAL, I
 WILL PROMOTE AND PRACTICE JUSTICE, FAIRNESS AND EQUITY FOR THE PEOPLE  I
 SUPPORT  AND  THE  COMMUNITY AS A WHOLE. I WILL AFFIRM THE HUMAN RIGHTS,
 CIVIL RIGHTS AND RESPONSIBILITIES OF THE PEOPLE I SUPPORT;
 (F) RESPECT. AS A DIRECT SUPPORT  PROFESSIONAL,  I  WILL  RESPECT  THE
 HUMAN  DIGNITY  AND UNIQUENESS OF THE PEOPLE I SUPPORT. I WILL RECOGNIZE
 EACH PERSON I SUPPORT AS  VALUABLE  AND  HELP  OTHERS  UNDERSTAND  THEIR
 VALUE;
 (G) RELATIONSHIPS. AS A DIRECT SUPPORT PROFESSIONAL, I WILL ASSIST THE
 PEOPLE I SUPPORT TO DEVELOP AND MAINTAIN RELATIONSHIPS;
 (H)  SELF-DETERMINATION.  AS  A  DIRECT  SUPPORT  PROFESSIONAL, I WILL
 ASSIST THE PEOPLE I SUPPORT TO DIRECT THE COURSE OF THEIR OWN LIVES; AND
 (I) ADVOCACY. AS A DIRECT SUPPORT PROFESSIONAL, I WILL  ADVOCATE  WITH
 

THE PEOPLE  I SUPPORT FOR JUSTICE, INCLUSION AND FULL COMMUNITY PARTIC
 IPATION.
 

S 2. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!